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How Do I Assign the Right to Collect a Judgment in Illinois?

How Do I Assign the Right to Collect a Judgment in Illinois?

Full question:

I meed to file a motion and order to make a change to payee on a corporation restitution. The corporation has been dissolved and an assignment entered into the minutes to transfer the balance of payments to the former corporate president. Where can i find these forms? The legal work was in Colorado.

Category: Contracts
Subcategory: Assignments
Date: 04/07/2025
State: Illinois

Answer:

Assignment in legal terms means the transfer of a property right or title to some particular person under an agreement, usually in writing. Unless an assignment is qualified in some way, it is generally considered to be a transfer of the transferor's entire interest in the thing assigned. The contract terms will govern your rights to assign, sell or otherwise transfer the right to collect payment. Any agreements made should be put in writing, as oral contracts present problems of evidence if there is a later dispute.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is an assignment in legal terms?

An assignment in legal terms refers to the transfer of rights or property from one party to another, typically through a written agreement. It allows the assignee to receive benefits or payments that were originally due to the assignor. It's important to ensure that the assignment is documented properly to avoid disputes in the future.

How do I file a motion to change a payee?

To file a motion to change a payee, you typically need to draft a motion that outlines your request, the reasons for the change, and any supporting documentation. You will then file this motion with the court where the original restitution order was issued. It may be helpful to consult with a legal professional to ensure that all necessary steps are followed.

What forms do I need to change the payee for restitution?

To change the payee for restitution, you will generally need to complete a motion and order form specific to your jurisdiction. In Colorado, these forms may be available through the local court's website or clerk's office. It's advisable to confirm that you have the correct forms and any additional documentation required for your filing.

Can a corporation assign its restitution payments?

Yes, a corporation can assign its restitution payments to another party, such as a former corporate president. This assignment must be documented in writing to ensure that the rights to receive payments are clearly transferred. Always check the terms of the original restitution order to confirm that such an assignment is permissible.

What happens if a corporation is dissolved?

When a corporation is dissolved, it ceases to exist as a legal entity. However, it may still be responsible for fulfilling certain obligations, such as restitution payments. Any remaining assets or obligations, including payments due, may be assigned to individuals or entities as specified in the dissolution documents or corporate minutes.